ML20206T523
| ML20206T523 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 05/14/1999 |
| From: | Terry C, Walker R TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| TXX-99122, NUDOCS 9905240183 | |
| Download: ML20206T523 (23) | |
Text
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' LOG # TXX-99122 File # 235
= = 236 r C Ref. # 10CFR50.90 1UELECTRIC May 14,1999 C. Lance 11sery Senior Mce President
& PrincipalNuclear Officer U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D.C. 20555
SUBJECT:
COMANCHE PEAK STEAM ELECTRIC STATION (CPSES)
DOCKET NOS. 50-445 AND 50-446 SUBMITTAL OF LICENSE AMENDMENT REQUEST 99-003 CORPORATE NAME CHANGE Gentlemen:
Pursuant to 10CFR50.90, TU Electric requests an amendment to the CPSES Unit i Operating License (NPF-87) and CPSES Unit 2 Operating License (NPF-89) to change the corporate name of licensee " Texas Utilities Electric Company" to "TXU Electric Company" . The need for this request results from the change in the name of Texas Utilities Electric Company to TXU Electric Company. This change applies equally to CPSES Units 1 and 2.
No impact on the status of the CPSES Operating Licenses (OLs) or continued operation of CPSES is foreseen, since this request contains a proposed change that is solely administrative in nature.
Attachment 2 provides a description of the proposed change, a safety analysis of the change, and TU Electric's determination that the proposed change does not involve a significant hazard consideration. Attachment 3 provides the affected pages of the CPSES Unit 1 and 2 OLs, Environmental Protection Plan and Antitrust Conditions marked up to reflect the proposed change.
This request is consistent with a similar request submitted by Pennsylvania Power &
Light Company on April 23,1998, for the Susquehanna Steam Electric Station Units 1
& 2 and approved by the NRC in the related Safety Evaluation dated October 19, 1998. i l
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9905240183 990514 PDR ADOCK 05000445:
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COMANCHE PEAK SikAM ELECTRIC STATION h P.O. Box 1002 Glen Rose, Texas 76043-1002
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TXX-99122 Page 2 of 2 TU Electric requests approval of the proposed license amendment by November 11, 1999.> j in accordance with 10CFR50.91(b), TU Electric is providing the State of Texas with a copy of this proposed amendment.
This communication contains no new commitments with respect to the operation of CPSES Units 1 and 2.
Should you have any questions, please contact Mr. Connie L. Wilkerson at (254) 897-0144.
Sincerely,
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C. L. Terry By: 66Mf -
Ro'ge6t. Walker Regulatory Affairs Manager CLW/clw Attachments: 1. Affidavit
- 2. Description and Assessment
- 3. Affected pages from CPSES OLs, Environmental Protection Plan and Antitrust Conditions c- Mr. E. W. Merschoff, Region IV l Mr. D. E. Jaffe, NRR i Mr. J. l. Tapia, Region IV Resident inspector, CPSES Mr. Authur C. Tate Bureau of Radiation Control Texas Department of Public Health 1100 West 49th Street Austin, Texas 78704 i
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Attachm nt 1 to TXX-99122 Page 1 of 1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION in the Matter of )
)
Texas Utilities Electric Company ) Docket Nos. 50-445
) 50-446 (Comanche Peak Steam Electric ) License Nos. NPF-87 Station,' Units 1 & 2) ) NPF-89 AFFIDAVIT Roger D. Walker being duly sworn, hereby deposes and says that he is the Regulatory Affairs Manager of TU Electric, the licensee herein; that he is duly authorized to sign and file with the Nuclear Regulatory Commission this License Amendment Request 99-003; that he is familiar with the content thereof; and that the matters set forth therein are true and correct to the best of his knowledge,information and belief. J
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Roger D. Walker Regulatory Affairs Manager l
STATE OF TEXAS )
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COUNTY OF Mecad\ )
Subscribed and sworn to before me, on this k day of MM .
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Gayt R. Ped Jcspem , C '
x ylgM;jEcN0$$ N'otaQ Public kRHi' &
Attachment 2 to TXX-99122 Page t of 3 DESCRIPTION AND ASSESSMENT
- 1. BACKGROUND On May 14,1999, the Board of Directors of Texas Utilities Electric Company (TIJ Electric) will meet to approve a change in the name of the corporation from
" Texas Utilities Electric Company" to "TXU Electric Company." The sole shareholder will approve the name change simultaneously therewith. Upon -
approval of the name change by all necessary corporate action, TU Electric will 2 file assumed name certificates with the Office of the Secretary of State of Texas and the Dallas County (Texas) Clerk, Office of the Recorder, in order to conduct business under the new name. Within several business days after the filing of the assumed name certificates, TU Electric will file Articles of Amendment to its Articles of incorporation in order to effectuate the name change with the Secretary of State of Texas. The name change will be effective upon the filing and acceptance of the Articles of Amendment by the Texas Secretary of State.
The corporate name is being changed for commercial reasons.
- 11. DESCRIPTION OF OPERATING LICENSE CHANGE REQUEST This submittal requests that the NRC amend the Operating Licenses (OLs) for Comanche Peak Steam Electric Station (CPSES) Units 1 and 2 (NPF-87 and 89).
The OLs, including all appendices and amendments, should be changed as follows:
.* All references to." Texas Utilities Electric Company" should be changed to TXU Electric Company"
- All references to "TU Electric" should be changed to "TXU Electric"
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Attachment .3 Identifies'the locations where these changes affect the basic OLs and appendices cover sheets.
Similarly, in any pending applications or license amendments heretofore submitted by TU Electric, but not yet acted upon by the NRC, references to -
" Texas Utilities Electric Company"(TU Electric) should also be replaced by "TXU Electric Company"(TXU Electric). This administrative corporate name change will also be reflected in future correspondence with the NRC.
Ill. ANALYSIS
-The proposed change is solely administrative in nature and involves only a corporate name change.- This change is being submitted to the NRC pursuant to 10 CFR 50.90 only for the purpose of updating the affected OL documents. The proposed change does not alter any technical content of the OLs or any technical' content of the CPSES Technical Specifications requirements, nor.does it have
. any programmatic effect on the TU Electric Operational Quality Assurance Program for CPSES. The change will have no impact on the design, function or
. operation of any plant structure, system or component, either technically or administratively. TU Electric does not anticipate that this corporate name chartge will require the approval of any Texas agency.
IAttachment 2 to TXX-99122 Page 2'of 3 IV. SIGNIFICANT HAZARDS CONSIDERATIONS ANALYSIS TU Electric has evaluated whether the proposed change involves a significant hazards consideration. The evaluation addresses the three standards set forth In 10CFR50.92(c) and is discussed below.
- 1. Does the proposed change involve a significant increase in the probability or consequence of an accident previously evaluated?
No. This request involves an administrative change only. The Operating Licenses (OLs) are being changed to reference the new corporate name of the licensee. No actual plant equipment or accident analyses will be affected by the proposed change. Therefore, TU Electric concludes that this request will have no impact on the possibility of any type of accident, whether new, different or previously evaluated.
- 2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?
No. This request involves an administrative change only. The OLs are ,
being changed to reference the new corporate name of the licensee. No-actual plant equipment or accident analyses will be affected by the proposed change and no failure modes not bounded by previously evaluated accidents will be created. Therefore, TU Electric concludes that this request will have no impact on the possibility of any type of j
-accident, whether new, different or previously evaluated. ;
- 3. Does the proposed change involve a significant reduction in a margin of safety?
No. Margin of safety is associated with confidence in the ability of the fission product barriers (i.e., fuel and fuel cladding, Reactor Coolant i System pressure boundary, and containment structure) to limit the level of ;
radiation dose to the public. This request involves an administrative - !
change only. The OLs are being changed to reference the new corporate name of the licensee.
No actual plant equipment or accident analyses will be affected by the proposed change. Additionally, the proposed change will not relax any criteria used to establish safety limits, will not relax any safety systems settings, or will not relax the bases for any limiting conditions of operation.
Therefore, this request will not impact margin of safety.
Based on the evaluations above, TU Electric has determined that the activities
. associated with this proposed change satisfy the no significant hazards consideration standards of 10CFR50.92(c) and, accordingly, a no significant
- hazards consideration finding is justified, i
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' Attachment 2 to TXX-99122 l
Page.3 of 3 )
V. ENVIRONMENTAL EVALUATION TU Electric has evaluated this request to determine whether or not it meets the criteria for categorical exclusion set forth in the regulations.
This request involves an administrative change only. The proposed change updates the CPSES Operating Licenses (OLs) such that references to the licensee name will be consistent with the new corporate name, TXU Electric Company. Additionally, this request will have no adverse radiation impact upon the environment, since it only applies to the corporate name of the licensee designated in the OLs. TU Electric has evaluated the proposed change and has determined that the change does not involve (1) a significant hazards consideration,'(2) a significant change in the types or significant increase in the amounts of any effluent that may be released offsite, or (3) a significant increase in individual or cumulative occupational radiation exposure.
Accordingly, the proposed change meets the eligibility criterion for categorical exclusion set forth in 10CFR51.22(c)(9) and (10). Moreover, no special circumstances exist to trigger an environmental review (see reference 2).
l Therefore, pursuant to 10CFRS1.22(b), an environmental assessment of the proposed change is not required.
VI. REFERENCES i
- 1. Pennsylvania Power & Light Company letter from Robert G. Byram to the 1 NRC dated April 23,1998, requesting a corporate name change from
" Pennsylvania Power & Light Company" to "PP&L, Inc." for Susquehanna Steam Electric Station Units 1 & 2.
- 2. NRC letter and Safety Evaluation from Victor Nerses to Robert G. Byram dated October 19,1998, approving Amendment No.180 to Facility Operating License No. NPF-14 and Amendment 153 to Facility Operating License No. NPF-22 for the Susquehanna Steam Electric Station Units 1 & 4
.2.
l' Vll. PRECEDENTS l This request is consistent with a similar request submitted by Pennsylvania Power & Light Company on April 23,1998, for Susquehanna Steam Electric l Station Units 1 & 2 and approved by the NRC in the related Safety Evaluation dated October 19,1998.
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l ATTACHMENT 3 TO TXX-99122 AFFECTED PAGES OF CPSES Unit 1 and 2 OLs, ENVIRONMENTAL PROTECTION PLAN, and ANTITRUST CONDITIONS (Marked up to indicate locations where this proposed amendment affects the OLs and Appendices cover sheets)
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[f*EGu UNITED STATES f v.. r -g NUCLEAR REGULATORY COMMISSION s j WASHING TON, D. C. 20555
%' * * * / M -TO"C UTILITIES ELECTRIC' COMPANY, ET AL.*
. DOCKET NO. 50-44_5 COMANCHE PEAK STEAM ELECTRIC STATION, UNIT NO. 1 FACILITY OPERATING LICENSE License No. NPF-87
- 1. The Nuclear-Regulatory Commission (the Commissi found that:
A. The application for a license filed by T:::. ...litic; Electric rg _ Company (Hr. Electric) acting for itself and as agent for Texas Municipal Power Agency (licensees), complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act),
and the Commission's regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made;
- 8. Construction of the Comanche Peak Steam Electric Station, Unit No. 1 (the facility), has been substantially completed in conformity with Construction Permit No. CPPR-126 and the application, as amended, the provisions of the Act, and the regulations of the Commission; C. The facility will operate in conformity with the application, as amended, the provisions of the Act, and the regulations of the Commission (except as exempted from compliance in Section 2.0 -
below);
D. There is reasonable assurance: (i) that the activities authorized by this operating license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations set ;
forth in 10 CFR Chapter I, except as exempted from compliance in '
Section 2.0 below; l
The current owners of the Comanche Peak Steam Electric Station are: Tr::
Utilitie: Electric Company and Texas Municipal Power Agency. Transfer of ownership from Texas Municipal Power Agency to T:::: Utiliti: Electric W CompanywaspreviouslyauthorizedbyAmendmentNo.9toConstr(uctionPermit CPPR-126 on August 25, 1988'to take place in 10 installments as set forth in the Agreement attached to'the application for Amendment dated March 4, 1988.
At the completion thereof, Texas Municipal Power Agency will no longer retain any ownership interest.
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,E. Ele'ctric is technically qualified to engage in the activities authorized by this operating license in accordance with the Commission's regulations cet forth in 10 CFR Chapter I; F. The licensees have satisfied the applicable provis';ns of 10 CFR 140,
" Financial Protection Requirements and Indemnity Agieements," of the Commission's regulations; G.
The issuance of this license will not be inimical to the common defense and security or to the health and safety of the public; H. After weighing the environmental, economic, technical, and other '
benefits of the facility against environmental and other costs and considering available alternatives, the issuance of Facility Operating License No. NPF-87 subject to the conditions for protection of the i environment set forth herein, is in accordance with 10 CFR Part 51 of the Commission's regulations ano all applicable requirements have {
been satisfied; and I. The receipt, possession, and use of source, byproduct, and special nuclear material as authorized by this license will be in accordance f I with the Coiamission's regulations in 10 CFR Parts 30, 40, and 70, t except that an exemption to the provisions of 70.24 is granted as described in paragraph 2.0 below.
- 2. Based on the foregoing findings regarding this facility, Facility Operating Licen e No. NPF-87 is hereby issued to the licensees, to read as follows:
A. This license applies to the Comanche Peak Steam Electric Station, Unit No.1, a pressurized-water nuclear reactor and associated equipment (the facility), owned by the licensees. The facility is located on Squaw Creek Reservoir in Somervell County, Texas about 5 miles north-northwest of Glen Rose, Texas, and about 40 miles south-west of Fort Worth in north-central Texas and is described in the licensees' Final Safety Analysis Report, as supplemented and amended, and the licensees' Environmental Report, as supplemented and amended.
J B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses:
(1) Pursuant to Section 103 of the Act and 10 CFR Part 50, " Domestic l Licensing and Production and Utilization Facilities," QElectric 7X61 !
to possess, use, and operate the facility at the designated locatio F !
in Somervell County, Texas in accordance with the procedures and l limitations set forth in this license; 1
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(2) Pursuant to Section 103 of the Act and 10 CFR Part 50, " Domestic -
Licensing and Production and Utilization Facilities," Texas Municipal Power Agency to possess the facility at the designated (
location in Scmervell County, Texas in accordance with the proced.ures and limit 3tions set forth in this license; 1
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(3) Electric, pursuant to the Act and 10 CFR Part 70, to receive, possess and use at any time, special nuclear material as reactor L fuel, in accordance with the limitations for storage and amounts '
required for reactor operation, and described in the Final Safety Analysis Report, as supplemented and amended; (4 Electric, pursuant to the Act and 10 CFR Parts 30, 40 and 70, !
to receive, possess, and use, at any time, any byproduct, source, and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation 1 l
monitoring equipment calibration, and as fission detectors in '
am<unts as required; (Sh Electric, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use in amounts as required, any byproduct, source or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or ociated with radioactive apparatus or components; and (6) Electric, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess, but not separate, such byproduct and special nuclear {'
materials as may be produced by the operation of the facility.
C. This license shall be deemed to contain and is subject to t'he condi-tions specified in the Commission's regulations set forth in 10 CFR ,
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Chapter I and is subject to all applicable provisions of the Act and j to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:
(1) Maimum Power Level Electric is authorized to operate the facility at reactor core power levels not in excess of 3411 megawatts thermal in accordance with the conditions specified herein.
(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, are hereby incorporated into this license. -Hf-Electric shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan. y (3) Antitrust Conditions Applicants as defined in Appendix C shall comply with the antitrust conditions delineated in Appendix C to this license; Appendix C is hereby incorporated into this license.
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D. The fallowing exemptions are authorized by law and will not endanger life or property or the common defense and security. Certain special circumstances are present and these exemptions are otherwise in the I
public interest. Therefore, these exemptions are hereby granted pursuant to 10 CFR 50.12.
(1) The facility requires a technical exemption from the requirements of 10 CFR S0, Appendix J,Section III.D.2(b)(ii). The justifi-cation for this exemption is contained in Section 6.2.5 of Supplement 22 to the Safety Evaluation Report dated January 1990.
The staff's environmental assessment was published on November 14, 1989 (54 FR 47430)~. Therefore, pursuant to 10 CFR 50.12(a)(1), and 10 CFR 50.12(a)(2)(ii) and (iii), the Comanche Peak Steam Electric Station, Unit 1 is hereby granted an exemption from the cited requirement and instead, is required to perform the overall air lock leak test at pressure P prior to establishing containment integrity if air lock maintenance,has been performed that could affect the air lock sealing capability.
(2) The facility was previously granted an exemption from the criti- '
cality monitoring requirements of 10 CFR 7U.24 (see Materials License No. SNM-1912 dated December 1, 1988 and Section 9.1.1 of Supplement 22 to the Safety Evaluation Report dated January 1990).
. The staff's environmental assessment was published on November 14, 1989 (54 FR 47432). The Comanche Peak Steam Electric Station, Unit 1 is hereby exempted from the criticality monitoring provisions of 10 CFR 70.24 as applied to fuel assemblies held under this lice :se.
(3) The facility requires a temporary exemption from the schedular requirements of 10 CFR 50.33(k) and 10 CFR 50.75. The justification for this exemption is contained in Section 20.6 of Supplement 22 to the Safety Evaluatim Report dated January 1990. The staff's environmental assessment was published on November 14, 1989 (54 FR 47431). Therefore, pursuant to 10 CFR 50.12(a)(1), 50.12(a)(2)(fii) and 50.12(a)(2)(v), the Comanche Peak Steam Electric Station, Unit 1 is hereby granted a j temporary exemption from the schedular requirements of 10 CFR I 50.33(k) and 10 CFR 50.75 and is required to submit a decommissioning funding report for Comanche Peak Steam Electric
' Station, Unit 1 on or before July 26 .
M E. With the exception of 2.C(2) and 2.C(3), ectric shall report any violations of the requirements contained in Section 2.C of this license within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. Initial notification shall be made in accordance with the provisions of 10 CFR 50.72 with written follow-up in accordance with the procedures described in 10 CFR 50.73(b), (c), and (e).
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F. In ordei to ensure that W -Electric will exercise the authority as 1 the surface landowner in a timely manner and that the requirements of 10 CFR Part 100.3 (a) are satisfied, this license is subject to the {
additional conditions specified below: S tion 2.1.1, SER) j (1) For that portion of the exclusion Wti which is within 2250 ft i of any seismic Category I buildingbr within 2800 ft of either l reactor containment building, ftt/ETectric must prohibit the {
exploration and/or exercise of subsurface mineral rights, and if the subsurface mineral rights owners attempt to exercise their rights within this area,4tt Electric must immediately institute immediately affective condemnation proceedings to obtain the mineral rights in this cr .
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(2) For the unowned subsurface mineral rig within the exclusion i
area not covered in item (1),-Tils. Electric will orohibit the _
exploration and/or exercise of mineral rights until and unless the licensee and the owners of the mineral rights enter into an agreement which gives & Electric absolute authority to determine all activities--including times of arrival ana location @
l of personnel and the authority to remove personnel and equipment
--in event of emergency. If the mineral rights owners attempt to exercise their rights within this area without first entering into such an agreement, ttt Electric must insHtute i - diatelv ,
effective condemnation pro,c~eedings to obtain the mineral rights this area.
~NH (3) Electric shall promptly notify the NRC of any attempts by subsurface mineral rights owners to exercise mineral rights, including any legal proceeding initiated by mineral rights owners '
agains lectric.
G. Electric shall implement and maintain in effect all provisions of the approved fire protection program as described in the Final Safety Analysis Report through Amendment 78 and as approved in the SER (NUREG-0797) and its supplements through SSER 24, subject to the following provision:
Electric may make changes to the approved fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.
H. Electric shall fully implement and maintain in effect all provisions of the physical security, guard training and qual-ification, and safeguards contingency plans, previously approved by the Commission, and all amendments made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The plans, which contain safeguards information protected under 10 CFR 73.21, are entitled: " Comanche Peak Steam Electric Station Physical Security Plan" with revisions submitted through November 28, 1988; " Comanche I
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Peak Steam Electric Station Security Training and Qualification Plan" with revisions submitted through November 28, 1988; and
" Comanche Peak Steam Electric Station Safeguards Contingency l Plan" with revisions submitted through January 9,1989.
I. The licensees shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1934, as amended, to cover public liability claims.
J. Amendment No. 9 to Construction l Permit CPPle126, issued August 25, 1988, authorized the transfer of 6.2% ownership interest in the facility from Texas Municipal Power Agency to 44-Electric, such transfer to take place a
in 10 installments as set forth in the Agreement attached to the ap-plication for amendment dated March 4,1988. At the completion of such transfer of interest, Texas Municipal Power Agency shall no lon a licensee under this license and all references to " licensees"ger be shall exclude Texas Municipal Power Agency.
K. This license is effective as of the date of issuance and shall expire at Midnight on February 8, 2030.
FOR THE NUCLEAR REGULATORY COMMISSION fJn.c+}, lK h
- Thomas E. Murley, Director '
Office of Nuclear Reactor Regulation Attachments / Appendices:
- 1. Appendix A - Technical Specifications (NUREG-1399)
- 2. Appendix B - Environmental Protection Plan
- 3. Appendix C - Antitrust Conditions Date of Issuance: April 17, 1990 l
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APPENDIX B TO FACILITY OPERATING LICENSE NO. NPF-87 N4 TEXA UTILITIES ELECTRIC COMPANY 0MANCHE PEAK STEAM ELECTRIC STATION UNIT 1 DOCKET NO, 50-445 ENVIRONMENTAL PROTECTION PLAN (NONRADIOLOGICAL) 4" e
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APPENDIX C TO FACILITY OPERATING LICENSE NO. NPF-87 COMANCHE PEAK STEAM ELECTRIC STATION UNIT 1 7/4 TEXAS UTILITIES ELECTRIC COMPANY DOCKET NO. 50-445 ANTITRUST CONDITIONS
- LICENSE CONDITIONS FOR COMANCHE PEAK STEAM ELECTRIC STATION, UNIT NO. 1
'*These are the Conformed Settlement License Condi+%ns filed in Dececber 1980 which were approved May 6, 1982 by the administrative law judge presiding over the consolidated antitrust proceedings for Comanche Peak Stean Electric Station.
Although the text is identical, the sections have been renumbered for con-venience.
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' l pRM49 j k UNITED STATES f
l j NUCLEAR REGULATORY COMMISSION O
- WASHINGTON. D.C. 20005-0001 T)(4 TEX;d; UTILITIE'; ELECTRIC COMPANY. ET AL.*
QQC.KET NO. 50-446 COMANCHE PEAK STEAM ELECTRIC STATION. UNIT NO. 2 fEJJ,ITY OPERATING LICENSE License No NPF-89 I
- 1. The Nuclear latory Commission (the Commiss s found that: !
4 bl i A. The applica for a license filed by ,_: .......m Electric Company ( Electric) acting for itself and as agent for Texas i Municipal Power Agency, (licensees), complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act),
and the Commission's regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B. Construction of the Comanche Peak Steam Electric Station, Unit No. 2 (the facility), has been substantially completed in conformity with Construction Permit No. CPPR-127 and the application, as amended, the O
Q provisions of the Act, and the regulations of the Commission- \
C. The facility will operate in conformity with the application, as amended, the provisions of the Act, and the regulations of the Commission (except as exempted from compliance in Section 2.D below); i D. There is reasonable assurance: (1) that the activities authorized by this operating license can be conducted without endangering the health and safety of the public, and_ (ii) that such activities will be conducted in compliance with the Commission's regulations set forth in 10 CFR Chapter I, except as exempted from compliance in Section 2.0.
ow; E. Electric is technically qualified to engage in the activities authorized by this operating license in accordance with the Commission's regulations set forth in 10 CFR Chapter I;
- The current owners of the Comanche Peak Steam Electric Station are: -Tens- TXq Utt'ftt: Electric Company and. Texas Municipal Power Agency. Transfer of ownership from Texas Municipal Power Agency to T=: Uti'itic:{ Electric ' q Company was previously authorized by Amendment No. 8 to Construction Permit CPPR-127 on August 25, 1988 to take place in 10 installments as set forth in the Agreement attached to the application for Amendment dated March 4,1988.
s At the completion thereof, Texas-Municipal Power Agency will no longer retain any ownership interest.
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, .p . O F. The licensees have satisfied the applicable provisions of 10 CFR 140,
" Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; G. The issuance of this license will not be inimical to the common defense and security or to the haalth and safety of the public; H. After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of Facility Operating License No. 'NPF-89 subject to the conditions for protection of the environment set forth herein, is in accordance with 10 CFR Part 51 of the' Commission's regulations and all applicable requirements have been satisfied; and I. The receipt, possession, and use of source, byproduct, and special nuclear material as authorized by this license will be in accordance with the Commission's regulations in 10 CFR Parts 30, 40, and 70, except that an exemption to the provisions of 70.24 is granted as described in paragraph 2.D below.
- 2. Pursuant to approval by the Nuclear Regulatory Commission at a meeting on O April 6, 1993, the License for Fuel Loading and Low Power Testing, 41 cense No. NPF-88, issued on February 2, 1993, is superseded by Facility Operating License No. NPF-89 hereby issued to the licensees, to read as follows:
A. This license applies to the Comanche Peak Steam Electric Station, Unit No. 2, a pressurized water nuclear reactor and associated equipment (the. facility), owned by the licensees. The facility is located on Squaw Creek Reservoir in Somervell County, Texas about 5 miles north-northwest of Glen Rose, Texas, and about 40 miles southwest of Fort Worth in north-central Texas and is described in the licensee's Final i Safety Analysis Report, as supplemented and amended, and the licensee's Environmental Report, as supplemented and amended. l B. Subject to the conditions and requirements incorporated herein, the >
Commission herrSy licenses:
(1) Pursuant to Section 103 of the Act and 10 CFR Part 50 " Domestic Licensing of Production and Utilization Facilities", % Electric T W to possess, use, and operate the facility at the designated location in Somervell County, Texas in accordance with the procedures and limitations set forth in this license; .
-(2) Pursuant to Section 103 of the Act and 10 CFR Part 50, " Domestic Licensing of Production and Utilization Facilities", Texas Municipal Power Agency to possess the facility at the designated Os location in Somervell County, Texas in accordar,ce with the procedures and limitations set forth in this license;
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(3) -HF Electric, pursuant to the Act and 10 CFR Part 70, to receive, \1 possess and use at any time, special nuclear material as reactor l fuel, in accordance with the limitations for storage and amounts i required for reactor operation, and described in the Final Safety alysis Report, as supplemented and amended; (4) Electric, pursuant to the Act and 10 CFR Parts 30, 40 and 70, l to receive, possess, and use, at any time, any byproduct, source, 1 and special nuclear material as sealed neutron sources for j reactor startup, sealed sources for reactor instrumentation and l radiation monitoring equipment calibration, and as fission ectors in amounts as required; l
(5 Electric, pursuant to the Act and 10 CFR Parts 30, 40 and 70, )
to receive, possess, and use in amounts as required, any i' byproduct, source or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or mponents; and W Electric, pursuant to the Act and 10 CFR Parts 30, 40 and 70, (6
to possess, but not separate, such byproduct and special nuclear !
,._T materials as may be produced by the operation of the facility.
(O l C. This license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:
(1) Maximum Power Level Electric is authorized to operate the facility at reactor core power levels not in excess of 3411 megawatts thermal in accordance with the conditions specified herein.
(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, are hereby incorporated into this license. -T& Electric shall operate the facility in accordance with the[ Technical Specifications and the Environmental Protection Plan.
(3) Antitrust Conditions O Applicants as defined in Appendix C shall comply with the V antitrust conditions delineated in Appendix C to this license; Appendix C is hereby incorporated into this license.
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i D. The following exemptions are authorized by law and will not endanger life or property or the common defense and security. Certain special circumstances are present and these exemptions are otherwise in the public interest. Therefore, these exemptions are hereby granted:
(1) The' facility requires a technical exemption from the requirements I of 10 CFR Part 50, Appendix J, Section III.D.2(b)(ii). The justification for this exemption is contained in Section 6.2.5.1 of Supplement 26 to the Safety Evaluation Report dated February 1993. The staff's environmental assessment was published on
' January 19, 1993 (53 FR 5036). Therefore, pursuant to 10 CFR 50.12(a)(1), 10 CFR 50.12(a)(2)(ii) and (iii), the Comanche Peak Steam Electric Station, Unit 2 is hereby granted an exemption from the cited requirement and instead, is required to perform prior to the overall aircontainment establishing lock leak testintegrity at pressure if airP,k locmaintenance has been performed that could affect the air lock sealing capability.
(2) The facility was previously granted exemption from the criticality monitoring requirements of 10 CFR 70.24 (see Materials License No. SNM-1986 dated April 24, 1989 and Section f 9.1.1 of SSER 26 dated February 1993.) The staff's environmental assessment was published on January 19, 1993 (58 FR 5035). The Comanche Peak Steam Electric Station, Unit 2 is hereby exempted ;
from the criticality monitoring provisions of 10 CFR 70.24 as )
applied to fuel assemblies held und is license. l E. With the exception of 2.C(2) and 2.C(3), lectric shall report any violations of the requirements contained in Section 2.0 of this l license within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. Initial notification shall be made in j accordance with the provisions of 10 CFR 50.72 with written followap j in accordance with the procedures described in 10 CFR 50.73(b), (q ,
and (e).
F. In order to ensure that lectric will exercise the authority as the surface landowner in a timely manner and that the requirements of 10 CFR 100.3(a) are satisfied, this license is subject to the additional !
conditions specified below: (Section 2.1 )
TV (1) For that portion of the exclusion r hich is within 2250 ft of any seismic Category I building or within 2800 ft of either reactor containment building, lectric must prohibit the exploration and/or exercise of su surface mineral rights, and if the subsurface mineral rights owners attempt to exercise their rights within this area,% Electric must immediately institute immediately effective condesliation proceediras to obtain the mineral rights in this area.
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TX4 (2) For the unowned subsurface minera rights within the exclusion area not covered in item (1),-WElectric will prohibit the exploration and/or exercise of mineral rights until and unless .
the licensee and the owners of the mineral rights enter into an agreement which gives-ftb41ectric absolute authority to determine OT///
all. activ1tles- ' neluding times of arrival and locations of personnel and the authority to remove personnel and equipment--in event of emergency. If the mineral rights owners attempt to
) _ exercise their rights within this area without first entering into such an agreement $tt Electric must immediately institute immediately effective condemnation proceedings to obtain the eral rights in this area.
(3) W Electric shall promptly notify the NRC of any attempts by subsurface mineral rights owners to exercise mineral rights, including any legal proceeding initiated by mineral rights owners agains . Electric.
G. W Electric Ca 1 implement and maintain in effect all provisions of the approved fire protection program as described in the Final Safety Analysis Report through Amendment 87 and as approved in the SER l (NUREG-0797) and its supplements through SSER 27, subject to the
.following provision:
-ftf Electric may make changes to the approved fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.
F. Electric shall fully implement and maintain in effect all l provisions of the physical security, guard training and qualification, and safeguards contingency plans, previously approved by the Commission, and all amendments made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The plans, which contain safeguards information protected under 10 CFR 73.21, are entitled: " Comanche Peak Steam Electric Station Physical Security Plan" with revisions submitted through January 14,1993; " Comanche Peak Steam Electric Station Security Training and Qualification Plan" with revisions submitted through June 10, 1991; and " Comanche Peak Steam Electric Station Safeguards Contingency Plan" with revisions submitted through December 1988.
I. The licensees shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.
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J. Amendment No. 8 to Construction Permit CPPR-127 issued August 25, j 1988, authorized the transfer of 6.2% ownership interest in the j facility from Texas Municipal Power Agency to Electric, such l transfer to take place in 10 installments as set forth in the l Agreement attached to the application for amendment dated March 4, l 198o. At the completion of such transfer of interest, Texas Municipal j Power Agency shall no longer be a licensee under this license and all l references to " licensees" shall exclude Texas Municipal Power Agency.
K. This license is effective as of the date of issuance and shall expire l at Midnight on February 2, 2033.
FOR THE NUCLEAR REGULATORY COMMISSION We[h4 Thomas E. Murley, Director Office of Nuclear Reactor Regulation Attachments / Appendices:
- 1. Appendix A - Technical N Specifications (NUREG-1468)
- 2. Appendix B - Environmental Protection Plan
- 3. Appendix C - Antitrust Conditions Date of Issuance: April 6,1993 4
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APPENDIX B TO FACILITY OPERATING LICENSE NO. NPF-89 3 TEL'S "TILITIES ELECTRIC COMPANY COMANCHE PEAK STEAM ELECTRIC STATION UNITS 1 & 2 DOCKET NOS. 50-445 AND 50-446 O ENVIRONMENTAL PROTECTION PLAN (NONRADIOLOGICAL)
APRIL 6, 1993 4
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' APPENDIX C TO FACILITY.0PERATING LICENSE NO. NPF-89 COMANCHE PEAK STEAM ELECTRIC STATION, UNIT 2 ,
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-[yy -TEfi L'TILITIf + ELECTRIC COMPANY DOCKET NO. 50-445 ANTITRUST CONDITIONS * ,
i LICENSE CONDITIONS FOR COMANCHE PEAK STEAM ELECTRIC STATION, UNIT N0. 2 0
- These are the Conformed Settlement License Conditions filed in December 1980 which were approved May 6, 1982 by the administrative law judge presiding n over the consolidated antitrust proceedings for Comanche Peak Steam Electric ty - Station. Although the text is identical, the sections have been renumbered for convenience.